Cunningham v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 333, Jan. T., 1914, by defendant, from judgment of C. P. Chester Co., Aug. T., 1913, No. 114, on verdict for plaintiff in case of Iford L. Cunningham v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Johnson, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff, for $5,500, which the court reduced to $4,000 and entered judgment upon the reduced verdict.
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Appeal, No. 333, Jan. T., 1914, by defendant, from judgment of C. P. Chester Co., Aug. T., 1913, No. 114, on verdict for plaintiff in case of Iford L. Cunningham v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Johnson, P. J., specially presiding. The opinion of the Supreme Court states the facts. Verdict for plaintiff, for $5,500, which the court reduced to $4,000 and entered judgment upon the reduced verdict. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and in refusing to enter judgment for…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
At the time the plaintiff below was injured he was enu *136ployed as a laborer in a scrap yard. There were six railroad tracks in it, known as Nos. 1, 2, 3, 4, 5 and 6. The first five connected with the sixth, which extended to a branch line of the appellant, the Philadelphia & Reading Railway Company, The shifting of cars in the yard was done, as a rule, by a crane owned by the scrap company. On March 26, 1913, while the plaintiff, with a number of his coemployees, was engaged in unloading a car on track No. 5, a storm suddenly broke, and, to escape the rain,…
2Cases cited1 opinion
- Politowski v. BurnhamSupreme Court of Pennsylvania · 1906
3Cited by7 opinions
- Fornelli v. Penna. R. R. Co.Supreme Court of Pennsylvania · 1932
- Bardis v. Philadelphia & Reading Ry.Supreme Court of Pennsylvania · 1920
- Fort Worth & Denver City Ry. Co. v. RogersCourt of Appeals of Texas · 1933
- Nadazny v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
- Malland v. SimsWashington Supreme Court · 1933
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